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UNIVERSITY  OF  ILLINOIS 
LIBRARY 


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Volume 


PUBLISHED  BY  AUTHORITY 


AN  ACT 

TO  GOVERN  THE 

SALE  AND  DISPOSITION 

OF 

STATE  LANDS 

PASSED  BY  THE 

LEGISLATIVE  ASSEMBLY  OF  1907 


In  Effect  May  25,  1907 


lanr 


SALEM, OREGON 

WILLIS  S.  DUNIWAY,  STATE  PRINTER 
1907 


3  3  <b .  V 1 

Oh  3a 


RELATING  TO  SALE  OF  STATE  LANDS. 


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V- 


CHAPTER  117. 


AN  ACT 


Lo 


[H.  B.  324.] 

_ ,  Providing  for  the  acquisition,  classification,  management,  control,  leas¬ 
ing,  sale  and  disposition  by  the  State  of  Oregon  of  all  lands  inuring  to 
said  State  from  any  and  all  sources,  and  for  the  management  and  in¬ 
vestment  of  the  moneys  arising  therefrom,  constituting  all  necessary 
officers  therefor,  specifying  their  duties  and  salaries,  and  giving  them 
full  powers  for  the  performance  thereof,  protecting  said  lands  from 
trespass  and  injury,  providing  penalties  for  the  enforcement  of  the 
provisions  of  this  act,  and  repealing  Chapters  2  and  3  of  Title  XXXII 
of  Bellinger  and  Cotton’s  Annotated  Codes  and  Statutes  of  Oregon, 
relating  to  public  lands,  an  act  entitled  “An  act  providing  for  the 
selection  of  indemnity  school  land,  and  governing  the  sale  of  the  same, 
and  fixing  the  price  thereof,”  approved  February  24,  1903,  an  act 
0  entitled  “An  act  to  amend  section  3298  of  Bellinger  and  Cotton’s  An¬ 
notated  Codes  and  Statutes  of  Oregon,”  approved  February  18,  1905, 
and  an  act  entitled  “An  act  to  authorize  and  provide  for  the  invest¬ 
ment  of  the  surplus  of  the  irreducible  school  fund,  university  fund, 
or  agricultural  college  fund,  held  by  the  State  Land  Board,  and  to 
t  '  authorize  the  said  land  board  to  make  such  investments,”  approved 
'  -  February  12,  1903. 

% 

^  Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

'  Section  1.  The  Governor  is  hereby  appointed  Land  Commis- 
"  pioner  for  the  State  of  Oregon,  and  empowered  to  locate  or  se¬ 
lect  the  lands  to  which  the  State  is  entitled  under  the  laws  of 
"  the  United  States,  or  otherwise,  and  he  shall  be  allowed  all 
(^necessary  expenses  incurred  by  him  in  the  performance  of  the 
"duties  prescribed  by  this  act;  and  he  is  hereby  authorized  to 
appoint  such  agent  or  agents  as  may  be  necessary  in  the  per¬ 
formance  of  his  duties. 

Section  2.  The  Governor  shall  appoint  a  “State  Land  Agent” 
who  shall  serve  at  the  pleasure  of  the  Governor,  during  good 
behavior,  and  whose  duty  it  shall  be  to  ascertain  and  make  a 
record  of  the  losses  sustained  by  the  State  of  Oregon  in  sec¬ 
tions  16  and  36  by  or  through  the  United  States  by  reason  of 
settlements,  mining  claims,  Indian  reservations,  forest  re¬ 
serves,  fractional  townships,  or  otherwise,  and  to  satisfy  said 
losses  by  the  selection  of  vacant  government  land  in  accord- 


[4] 


ance  with  the  laws  of  the  State  and  the  United  States;  and  he 
shall  perform  such  other  duties  as  are  hereinafter  provided,  or 
as  may  be  required  by  the  Governor  or  the  State  Land  Board. 

Section  3.  The  State  Land  Agent  shall  receive  an  annual 
salary  of  one  thousand  eight  hundred  dollars  per  annum,  same 
to  be  paid  quarterly  as  other  salaries  are  paid;  and  he  shall 
be  allowed  nine  hundred  dollars  per  annum  for  clerical  assist¬ 
ance  and  shall  be  allowed  all  necessary  expenses  incurred  by 
him  in  the  performance  of  his  duties,  and  said  expenses  and 
allowance  for  clerical  assistance  shall  be  paid  by  order  of  the 
State  Land  Board  out  of  the  school  fund  interest  account. 

Section  4.  For  the  purpose  of  this  act  the  state  lands  shall 
be  classified  as  follows : 

(a)  School  Lands.  Sections  16  and  36  in  each  township 
granted  to  the  State  by  act  of  Congress  approved  February 
14,  1859;  all  lands  selected  for  internal  improvements  under 
the  act  of  Congress  of  September  4,  1841,  and  all  lands  selected 
for  capitol  building  purposes  under  the  act  of  Congress  ap¬ 
proved  February  14,  1859. 

(b)  Indemnity  Lands.  Lands  selected  to  satisfy  losses  in 
sections  16  and  36,  as  provided  by  the  laws  of  the  United  States. 

(c)  University  Lands.  Lands  granted  to  the  State  by  the 
United  States  for  the  support  and  maintenance  of  the  State 
University. 

(d)  College  Lands.  Lands  granted  to  the  State  for  the 
support  and  maintenance  of  the  State  Agricultural  College. 

(e)  Swamp  Lands.  Land  claimed  by  the  State  under  the 
act  of  Congress,  approved  September  28,  1850,  and  extended 
to  the  State  of  Oregon,  by  an  act  of  Congress,  approved  March 
12,  1860. 

(f)  Tide  and  Overflow  Lands.  All  lands  over  which  the 
tide  ebbs  and  flows  from  the  line  of  ordinary  high  tide  to  the 
line  of  mean  low  tide,  and  all  islands,  shore  lands,  and  other 
such  lands  held  by  the  State  by  virtue  of  her  sovereignty. 

(g)  Farm  Lands.  Lands  acquired  by  deed,  gift,  operation 
of  law,  or  by  the  foreclosure  of  mortgages  taken  to  secure  loans 
from  the  school,  college,  university,  or  other  funds. 

Section  5.  The  Governor,  Secretary  of  State,  and  State 
Treasurer  are  hereby  made  a  Board  of  Commissioners  for  the 
sale  of  state  lands,  and  for  the  investment  of  the  funds  arising 
therefrom,  and  shall  be  styled  the  “State  Land  Board”;  said 
State  Land  Board  shall  have  power,  and  is  hereby  authorized 
to  use  a  common  seal,  and  the  Secretary  of  State  shall  procure 
such  seal  for  said  board. 

Section  6.  The  State  Land  Board  shall  have  power  and  is 
hereby  authorized  to  appoint  a  clerk,  who  shall  be  known  as 
the  “Clerk  of  the  State  Land  Board,”  and  shall  serve  for  four 


[5] 


years,  or  during  good  behavior.  He  shall  keep  his  office  in  the 
State  House,  and  shall  have  power  to  take  and  certify  the  proof 
and  acknowledgement  of  a  conveyance  of  real  property,  or  any 
other  written  instrument  authorized  or  required  to  be  proven 
or  acknowledged ;  and  it  shall  be  his  duty  to  keep  the  seal  of  the 
board,  and  affix  it  in  all  cases  where  he  is  required  by  law ;  to 
keep  the  records,  files,  and  other  papers  pertaining  to  his  office ; 
to  attend  all  meetings  of  the  board;  to  keep  a  faithful  record 
of  all  transactions;  to  administer  oaths;  to  receive  and  place 
on  file  all  applications  for  the  purchase  of  lands  or  loans  of 
money;  to  receive  all  communications  addressed  to  the  board, 
and  place  the  same  on  file;  to  conduct  all  correspondence  re¬ 
quired  by  the  board ;  to  receive,  receipt  for,  and  make  immed¬ 
iate  payment  to  the  State  Treasurer  of  all  moneys  received  for 
the  sale  of  lands,  taking  his  receipt  therefor,  specifying  the  par¬ 
ticular  fund  to  which  such  moneys  belong,  and  whether  received 
as  principal  or  interest,  and  to  perform  such  other  duties  and 
acts  as  the  board  may  direct. 

Section  7.  Said  clerk  of  the  State  Land  Board  shall  take  an 
oath  of  office  to  faithfully  perform  the  duties  of  his  office,  and 
shall  execute  an  undertaking  in  such  sum  as  the  board  may  pre¬ 
scribe,  (not  less  than  five  thousand  dollars) ,  conditional  that  he 
will  make  immediate  payment  to  the  State  Treasurer  of  all 
moneys  coming  into  his  hands  as  clerk  of  such  board,  and  other¬ 
wise  perform  the  duties  of  his  office. 

Section  8.  The  clerk  of  the  State  Land  Board  shall  receive 
an  annual  salary  of  two  thousand  four  hundred  dollars*  which 
shall  be  paid  quarterly,  upon  order  of  the  board,  from  the 
school  fund  interest  account. 

Section  9.  The  State  Land  Board  is  hereby  authorized  to 
sell  or  lease  all  lands  owned  by  the  State,  and  shall  make  such 
rules  and  regulations  as  are  necessary  for  the  transaction  of 
business  and  carrying  out  the  provisions  of  this  act.  They 
shall  meet  on  the  second  and  fourth  Tuesdays  of  each  month, 
and  shall  have  authority  to  pass  upon  all  matters  properly 
coming  before  them  for  consideration,  and  in  any  way  affecting 
the  lands  of  the  State ;  to  hear  and  decide  all  disputes  between 
applicants;  to  cancel  and  annul  certificates  of  sale  obtained 
through  fraud,  or  in  any  illegal  manner;  and  all  their  acts  and 
decisions  as  to  the  legal  title,  and  the  right  to  a  certificate  of 
sale  or  deed  from  the  State,  shall  be  final. 

Section  10.  All  necessary  expenses  for  clerical  assistance, 
books,  blanks,  stationery,  postage,  and  other  incidental  expen¬ 
ses,  shall  be  audited,  upon  proper  vouchers,  and  paid  by  order 
of  the  board  out  of  the  interest  fund. 

Section  11.  Any  person  over  18  years  of  age,  who  is  a  citi¬ 
zen  of  the  United  States,  or  has  declared  his  intention  to  be- 


[6] 


come  such,  is  entitled  to  purchase  any  of  the  lands  of  the  State, 
and  any  such  person  desiring  to  purchase  state  lands,  other 
than  farm  lands,  shall  file  with  the  clerk  of  the  State  Land 
Board  an  application  to  purchase,  which  shall  be.  substantially 
as  follows : 


APPLICATION  TO  PURCHASE. 

To  the  State  Land  Board : 

I  hereby  apply  to  purchase  the  following  described . lands, 

situated  in . County,  Oregon,  to-wit:  . . . 


all  in  township  . ,  range . ,  containing  . . acres,  and 

I  agree  to  pay  for  the  same  according  to  law. 


Signature  of  Applicant. 

This . day  of . ,  A.  D.  190.— 

State  of  Oregon, 

County  of  . 

I,  . . . ,  being  first  duly  sworn,  say 

that  I  am  over  eighteen  years  of  age;  that  I  am  a  citizen  of  the  United 

States;  that  I  reside  at  No . street,  city  of . 

county  of  . ,  State  of  . ,  and  my  post-office 

address  is  . ;  that  the  proposed  purchase  is 

for  my  own  benefit;  that  I  have  not  directly  made  any  previous  purchase 
of  land  from  the  State  of  Oregon  of  the  kind  described  above,  nor  has 
any  one  for  me,  which,  together  with  the  land  described  in  the  above 
application,  exceeds  three  hundred  and  twenty  acres ;  that  I  have  made  no 
contract  or  agreement,  expressed  or  implied,  for  the  sale  or  disposal  of 
the  land  applied  for,  in  case  I  am  permitted  to  purchase  the  same,  and 
that  there  is  no  valid  adverse  claim  thereto. 


Signed  in  the  presence  of 


Signature  of  Applicant. 


Subscribed  and  sworn  to  before  me  this . day  of . 

190....,  and  I  hereby  certify  that  I  am  personally  acquainted  with  the 
applicant  whose  signature  appears  above,  and  that  ....  he  is  the  identical 
person  described  in  the  foregoing  affidavit. 


State  of  Oregon, 

County  of . 

I,  . . . ,  residing  at  No .  street, 

city  of . ,  county  of . ,  and  State  of . . 

and  . ,  residing  at  No . .  street,  city  of 

. ,  county  of  . . .  and  State  of  . ,  being 

first  duly  sworn,  depose  and  say,  each  for  himself,  that  the  address  given 
after  my  name  herein  is  my  true  place  of  residence;  that  the  within 


[7] 


applicant  is  personally  known  to  me;  that  ....  he  signed  and  swore  to  the 
within  application  in  my  presence,  and  I  signed  my  name  as  a  witness 

to  h .  signature  in  h .  presence;  and  that  I  believe  ....he  makes  the 

within  application  for  h .  own  use  and  benefit. 


Subscribed  and  sworn  to  before  me  this  .  day  of  . , 

190.—,  and  I  hereby  certify  that  I  am  personally  acquainted  with  the 
persons  whose  signatures  appear  above,  and  that  they  are  the  identical 
persons  described  in  the  foregoing  affidavit. 


Said  application  shall  contain  a  correct  and  precise  descrip¬ 
tion  of  the  lands  applied  for,  in  accordance  with  the  survey 
thereof,  by  the  United  States,  and  the  required  affidavits 
therein  shall  be  made  before  some  notary  public  or  county  clerk 
in  this  State;  provided,  however,  that  where  application  is 
made  for  tide  or  overflow  lands,  the  applicant  shall,  at  his  or 
her  own  expense,  cause  the  same  to  be  surveyed  by  the  county 
surveyor  for  the  county  in  which  the  lands  lie ;  such  survey  to 
connect  with  and  conform  to  the  adjacent  surveys  of  the  United 
States,  so  far  as  may  be  practicable;  and  shall  submit  to  the 
State  Land  Board,  with  his  or  her  application,  an  accurate  map 
of  the  lands  applied  for,  showing  the  courses  and  distances 
of  the  boundary  line,  and  a  correct  calculation  of  the  area 
thereof,  which  map  shall  be  duly  verified  by  the  oath  of  the  said 
surveyor.  Applicants  to  purchase  tide  or  overflow  lands  shall, 
in  addition  to  the  usual  declaration  contained  in  applications 
to  purchase,  make  the  following  declaration  and  waiver,  to- 
wit:  “This  application  is  made  with  a  full  knowledge  of  the 
character  of  the  land  applied  for  and  of  the  title  of  the  State 
thereto,  and  I  hereby  waive  and  relinquish  all  right  to  and  claim 
upon  the  State  for  the  return  of  the  purchase  price  of  said 
lands,  in  case  said  lands,  or  any  part  thereof,  do  not  belong 
to  the  State.” 

Section  12.  The  State  Land  Board  shall  require  applicants 
to  purchase  tide  and  overflow  lands  to  pay  in  full  for  such 
lands  at  the  time  of  purchase;  but  applicants  to  purchase 
school,  college,  university,  swamp,  or  indemnity  lands  may, 
if  they  so  desire,  make  payments  as  follows :  One-fifth  of  the 
purchase  price  in  cash,  at  the  time  of  purchase;  one-fifth  in 
one  year,  with  interest  at  eight  per  cent  per  annum ;  one-fifth 
in  two  years,  with  interest  at  seven  per  cent  per  annum,  and 
the  remaining  two-fifths  of  the  purchase  on  demand  with  in¬ 
terest  at  six  per  cent  per  annum,  interest  on  all  deferred  pay¬ 
ments  payable  annually;  provided,  however,  that  the  demand 


[8] 


payment  shall  not  be  allowed  to  stand  for  a  longer  period  than 
five  years  from  the  date  of  the  issuance  of  the  certificate. 

Section  13.  When  an  applicant  to  purchase  desires  to  make 
payments  in  installments,  as  provided  in  section  12,  the  State 
Land  Board  shall,  upon  receipt  of  one-fifth  of  the  purchase 
price  of  the  lands  applied  for,  deliver  to  the  purchaser  a  cer¬ 
tificate  that  he  has  contracted  to  purchase  the  lands  therein 
described,  has  paid  a  certain  sum  thereon,  and  has  undertaken 
to  make  certain  other  payments,  specifying  the  amounts,  times 
of  payment,  and  rates  of  interest  and  that,  upon  making  full 
payment  of  principal  and  interest  as  specified,  and  upon  the 
surrender  of  the  certificate  of  sale,  the  purchaser,  his  heirs  or 
assigns,  shall  be  entitled  to  a  deed  for  the  lands  therein  de¬ 
scribed;  but  in  case  any  installment  of  principal  or  interest 
shall  remain  unpaid  for  one  year  after  the  same  becomes  due, 
then  the  sale  and  certificate  shall  be  void,  and  all  payments 
thereon  shall  be  forfeited. 

Section  14.  The  State  Land  Board  shall  preserve,  in  a  bound 
volume,  duplicates  of  all  certificates  of  sale  issued,  with  an 
alphabetical  index  to  the  same,  and  shall  note  on  each  duplicate 
all  the  payments  of  principal  or  interest  made  on  the  purchase 
price  of  the  lands  described  in  such  certificate. 

Section  15.  All  assignments  of  certificates  of  sale  shall  be 
executed  and  acknowledged  in  the  same  manner  as  a  deed  to 
real  estate,  and  the  assignee,  upon  full  payment  of  the  amount 
due  on  the  purchase  price,  and  delivery  to  the  board  of  such  cer¬ 
tificate  and  assignment,  shall  receive  a  deed,  for  the  lands  de¬ 
scribed  in  such  certificate,  in  his  own  name,  as  if  he  were  the 
original  purchaser. 

Section  16.  If  any  installment  of  the  purchase  price  of 
land,  principal  or  interest,  shall  remain  unpaid  for  one  year 
after  the  same  becomes  due,  the  certificate  shall,  without  fur¬ 
ther  notice,  be  cancelled  by  order  of  the  board,  and  all  pay¬ 
ments  thereon  shall  be  forfeited,  and  the  land  shall  be  deemed 
vacant  and  subject  to  sale  as  if  it  had  not  been  before  sold. 

Section  17.  When  full  payment  of  the  purchase  price  is 
made  at  the  time  of  purchase,  or  upon  full  payment  of  the  in¬ 
stallments  due  on  the  certificate  of  sale  as  provided  in  sec¬ 
tions  13  and  15  of  this  act,  the  purchaser  shall  receive  a  deed 
substantially  in  the  following  form : 

STATE  OF  OREGON. 

In  consideration  of  .... - . . . . - . 

.  . . . . .  dollars, 

paid  to  the  State  Land  Board,  the  State  of  Oregon  does  hereby  grant, 
bargain,  sell  and  convey  unto  . 


[9] 


the  following  described  lands,  to-wit:  Situate  in 
County,  Oregon: 


Subject,  however,  to  right-of-way  for  ditches,  canal  and  reservoir  sites 
for  irrigation  purposes,  constructed,  or  which  may  be  constructed,  by 
authority  of  the  United  States  or  otherwise,  which  right-of-way  is  hereby 
expressly  reserved. 

To  have  and  hold  the  same,  unto  the  said  . 

his  heirs  and  assigns  forever. 

Witness  the  seal  of  the  State  Land  Board 
affixed  this  .  day  of  . 


Governor. 


Secretary. 

Treasurer. 

Which  deed,  without  acknowledgment,  shall  be  admitted  to 
record,  and  shall  convey  to  the  grantee  all  the  estate  which  the 
State  has  in  the  lands  at  the  date  thereof ;  and  the  board  shall 
preserve  in  a  bound  volume  a  true  copy  of  all  such  deeds,  with 
an  alphabetical  index  of  the  names  of  grantees,  and  such  copies 
shall  be  primary  evidence  of  such  conveyance. 

Section  18.  The  State  Land  Board  may  fix  the  price  at  which 
school,  university,  college,  and  swamp  lands  may  be  sold ;  pro¬ 
vided ,  however,  that  no  such  lands  shall  be  sold  for  less  than 
two  dollars  and  fifty  cents  per  acre. 

Section  19.  All  tide  and  overflow  lands  shall  be  sold  or  leased 
only  to  the  highest  bidder,  after  being  duly  advertised  for  a  per¬ 
iod  of  sixty  days  in  two  or  more  newspapers  of  general  circu¬ 
lation  in  the  State,  one  of  which  must  be  a  paper  published  in 
the  county  in  which  the  lands  lie;  provided ,  however,  that  no 
such  lands  shall  be  sold  for  less  than  five  dollars  per  acre,  and 
that  the  owner  or  owners  of  any  lands  abutting  or  fronting  on 
such  tide  and  overflow  lands  shall  have  the  preference  right 
to  lease  or  purchase  at  the  highest  price  offered,  provided  the 
offer  is  made  in  good  faith ;  and  it  is  further  provided ,  no  accre¬ 
tions  to  islands  heretofore  sold  by  the  State  shall  be  leased  and 
that  no  tide  or  overflowed  lands,  excepting  those  connected  with 
the  shore,  shall  be  sold  until  ten  years  after  the  approval  of 
this  act. 

Section  20.  The  price  of  indemnity  land  shall  be  fixed  from 


[10] 


time  to  time  by  the  State  Land  Board ;  provided ,  however ,  that 
no  such  lands  shall  be  sold  for  less  than  five  dollars  per  acre. 

Section  21.  The  State  Land  Agent  shall,  if  the  State  has 
available  base  or  scrip,  select  as  idemnity  lands  such  vacant 
government  lands  as  may  be  applied  for  by  legal  applicants, 
upon  receipt  of  their  applications  to  purchase,  together  with  the 
non-mineral  affidavit  and  filing  fees,  as  required  by  the  rules 
and  regulations  of  the  General  Land  Office,  and  a  payment  of 
at  least  one-fifth  of  the  price  of  indemnity  lands  as  fixed  by  the 
State  Land  Board ;  and  he  shall  upon  return  of  a  copy  of  the 
selection  list  approved  by  the  register  and  receiver  of  the  local 
United  States  land  office,  pay  over  to  the  clerk  of  the  State 
Land  Board  such  moneys  as  were  received  on  account  of  the 
purchase  price  of  said  lands,  taking  his  receipt  therefor  in  the 
name  of  the  person  making  application  to  purchase  said  lands; 
and  such  moneys  so  received  by  the  clerk  of  the  State  Land 
Board  shall  be  paid  to  the  State  Treasurer ;  and  when  said  lands 
have  been  clear  listed  or  patented  to  the  State  by  the  United 
States,  the  board  shall  issue  deeds  or  certificates,  as  the  case 
may  be,  to  the  applicants ;  provided,  however,  that  no  certificate 
or  deed  shall  be  issued  for  indemnity  lands  until  the  same  have 
been  patented  to  the  State  by  the  United  States,  and  that  in 
the  event  of  failure  by  the  State  to  secure  patent,  the  money  so 
received  shall  be  repaid  to  the  applicant  upon  his  or  her  making 
proper  application  to  the  board  and  surrendering  the  clerks, 
receipt. 

Section  22.  Any  legal  applicant  is  entitled  to  purchase  three 
hundred  and  twenty  acres  of  each  of  the  following  classes  of 
land,  to-wit:  School,  indemnity,  university,  college,  swamp,  or 
tide  and  overflow  lands ;  provided,  however,  that  where  a  sec¬ 
tion  contains  legal  subdivisions  of  odd  acreage,  the  board  may, 
in  its  discretion,  accept  an  application  for  an  amount  not  to 
exceed  three  hundred  and  thirty  acres ;  and,  provided,  further, 
that  nothing  contained  herein  shall  interfere  with  the  issuance 
of  deeds  to  the  holders  of  assignments  of  certificates  of  sale 
as  hereinbefore  provided. 

Section  23.  The  State  Land  Board  is  hereby  authorized  to 
execute  leases  and  contracts  for  the  mining  of  gold,  silver, 
copper,  lead,  cinnabar,  or  other  valuable  minerals  from  any 
lands  which  the  State  now  owns  and  to  which  it  may  hereafter 
acquire  title,  and  shall  make  such  rules  and  regulations  as  may 
be  necessary  in  carrying  out  the  provisions  of  this  act. 

Section  24.  Any  citizen  of  the  United  States  finding  precious 
minerals  upon  any  unsold  lands  of  the  State  of  Oregon  may  ap¬ 
ply  to  the  State  Land  Board  for  a  lease  of  any  amount  of  land 
not  to  exceed  the  amount  and  dimensions  allowed  by  the  mining 
laws  of  the  State  and  the  United  States. 


[11] 


Section  25.  The  manner  of  locating  a  mineral  claim  upon 
state  land  shall  be  in  accordance  with  the  law  of  the  State  reg¬ 
ulating  the  location  of  mineral  claims  on  government  lands; 
: provided ,  that  any  citizen  or  citizens  who  may  have  found  min¬ 
erals  on  unsold  state  lands  previous  to  the  passage  of  this  act 
and  posted  notices  in  accordance  with  the  mining  laws  of  the 
State  of  Oregon  and  the  United  States,  shall  have  preference 
right  to  lease  the  same,  and  shall  have  ninety  (90)  days  after 
the  passage  of  this  act,  in  which  to  make  application  to  the 
State  Land  Board  for  such  lease 

Section  26.  For  the  purpose  of  developing  such  mine  or 
mines,  the  applicant  shall,  upon  payment  of  twenty-five  (25) 
dollars,  receive  from  the  State  Land  Board  a  lease  for  two 
years;  provided ,  however ,  that  no  more  than  five  tons  of  ore 
shall  be  removed  from  the  premises  for  assaying  or  testing  pur¬ 
poses  until  a  contract  shall  have  been  executed,  as  hereinafter 
provided. 

Section  27.  The  lessee  may  cut  and  use  the  timber  found 
upon  said  premises  for  fuel,  and  in  the  construction  of  build¬ 
ings  required  in  the  operation  of  any  mine,  or  mines,  on  the 
premises,  also  the  timber  necessary  for  drains,  tramways  and 
supports  for  such  mine,  or  mines,  but  for  no  other  purpose. 

Section  28.  Any  time  prior  to  the  expiration  of  said  lease, 
the  lease  holder,  or  any  assignee  thereof,  shall  have  the  right  to 
obtain  from  said  State  Land  Board  a  contract,  which  shall  bind 
the  State  of  Oregon  as  a  party  of  the  first  part,  and  the  person 
or  persons,  or  corporation,  to  whom  said  contract  shall  issue, 
as  party  of  the  second  part,  in  a  mutual  observance  of  such 
obligations,  terms,  and  conditions  as  may  be  agreed  upon  by 
said  State  Land  Board  and  the  said  lessee. 

Section  29.  When  the  lessee  commits  fraud,  the  penalty 
shall  be  the  forfeiture  of  the  mine,  or  mines,  and  all  property 
pertaining  thereto,  and  all  moneys  paid  thereon. 

Section  30.  If  any  person  shall  cut  down,  remove,  destroy, 
or  injure,  or  permit  to  be  cut  down,  remove,  destroyed,  or  in¬ 
jured,  any  timber,  trees,  or  firewood,  standing,  growing,  or  ly¬ 
ing  upon  any  of  the  lands  of  this  State  before  deed  shall  have 
been  issued  by  the  State  therefor,  as  provided  by  law,  or  shall 
take  or  remove,  or  cause  to  be  taken  or  removed  from  any  such 
lands,  any  timber,  wood,  clay,  sand,  or  other  material  or  sub¬ 
stance  thereon,  or  shall,  unless  he  be  a  bona  fide  mineral  claim¬ 
ant  under  the  mining  laws  of  the  United  States  or  by  contract 
with  the  State,  dig,  quarry,  take  or  remove  any  mineral,  earth, 
or  stone  from  such  lands,  or  shall  cause  to  be  dug,  quarried, 
taken  or  removed  any  mineral,  earth,  or  stone  from  such  lands, 
or  shall  otherwise  injure,  deface,  or  damage  or  shall  cause  to 
be  injured,  defaced,  or  damaged,  any  such  lands,  he  shall  be 


[12] 


deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  imprisonment  in  the  county  jail  for  not  less  than 
one  month,  nor  more  than  one  year,  or  by  fine  of  not  less  than 
fifty,  nor  more  than  one  thousand  dollars,  or  both;  provided, 
that  the  State  shall  not  be  required  to  prove  title  to  the  lands 
in  question,  and  the  fact  that  said  lands  have  been  selected  by 
the  State,  or  are  a  part  of  section  16  or  36  in  any  township, 
shall  be  accepted  as  prima  facie  evidence  of  the  state’s  title; 
provided,  further,  that  any  person  who  shall  hold  such  lands 
under  contract  with  the  State  for  the  purchase  thereof,  and  oc¬ 
cupy  the  same  for  the  purpose  of  a  home,  may,  with  the  writ¬ 
ten  consent  of  the  State  Land  Board,  cut  such  timber  as  may 
be  necessary  for  domestic  use  or  to  clear  land  for  actual  culti¬ 
vation. 

Section  31.  The  State  Land  Agent  is  hereby  directed  and 
empowered  to  investigate  all  trespasses  on  and  damage  to  state 
lands  and  prosecute  the  same  under  the  law,  subject  always  to 
the  consent  of  the  State  Land  Board  first  obtained,  and  is 
directed  and  empowered  to  appear  before  the  United  States 
Land  Office  in  all  cases  involving  the  title  or  claim  of  the  State 
to  its  granted  land  or  lands  selected  in  lieu  thereof  and  shall 
be  authorized  and  empowered  with  the  consent  of  the  said 
board,  to  summon  witnesses  and  the  expenses  of  such  investi¬ 
gations  and  contests  shall  be  paid  by  order  of  the  State  Land 
Board  out  of  the  interest  fund. 

Section  32.  At  all  hearings  pertaining  to  the  lands  of  the 
State  of  Oregon  or  any  part  thereof,  as  provided  by  this  act, 
the  State  Land  Board  shall,  in  its  discretion,  have  power  to 
issue  subpoenas  and  compel  thereby  the  attendance  of  wit¬ 
nesses  at  such  time  and  place  as  may  be  fixed  by  the  board,  to  be 
stated  in  the  subpoena,  and  to  conduct  the  examination  thereof. 
Said  subpoenas  may  be  served  by  the  sheriff  of  any  county,  or 
by  any  other  officer  authorized  by  law  to  serve  process,  or  by 
the  State  Land  Agent,  or  any  person  over  the  age  of  twenty- 
one  years,  competent  to  be  a  witness,  but  who  is  not  a  party  to 
the  matter  in  which  said  subpoena  is  issued.  Each  person  sub¬ 
poenaed  by  the  board  on  behalf  of  the  State  shall  be  allowed 
the  same  fees  and  mileage  as  provided  by  law  to  be  paid  wit¬ 
nesses  in  criminal  cases  in  this  State ;  and  said  fees  and  mileage 
shall  be  paid  by  warrant  on  the  interest  fund.  Any  person 
duly  served  with  a  subpoena  as  herein  provided,  and  shall  fail 
to  obey  the  same  without  legal  excuse,  shall  be  considered  in 
contempt,  and  the  board  shall  certify  the  facts  thereof  to  the 
circuit  court  of  the  district  in  which  such  witness  may  reside, 
and  upon  legal  proof  thereof  such  witness  shall  suffer  the  same 
penalties  as  are  now  provided  in  like  cases  in  the  courts  in  this 
State;  provided,  that  the  certificate  of  the  State  Land  Board 


[13] 


shall  be  considered  by  the  court  as  prima  facie  evidence  of  the 
guilt  of  the  party  charged  with  contempt. 

Section  33.  The  State  Land  Board  shall  not  call  in  question 
the  title  of  any  person  to  any  swamp  lands  which  he  may  have 
acquired  by  full  and  complete  compliance  with  the  pre-emption 
or  homestead  laws  of  the  United  States,  nor  shall  the  board 
sell  to  any  one  any  unsurveyed  swamp  lands,  or  swamp  lands 
on  which  any  settler  shall  have  made  and  perfected  bona  fide 
legal  entry  under  the  laws  of  the  United  States. 

Section  34.  Nothing  in  this  act  shall  be  construed  to  pre¬ 
vent  the  legislature  of  this  State,  or  the  corporate  authorities 
of  any  city  or  town  thereof,  from  regulating  the  building  of 
wharves  or  other  improvements  in  any  bay,  harbor,  or  inlet  of 
this  State,  or  construed  as  a  grant  of  the  exclusive  right  to 
any  person  or  persons  to  use  the  natural  oyster  beds  of  this 
State.  The  grantee  of  any  tide  and  overflow  lands  under  this 
act  shall  hold  the  same  subject  to  the  easement  of  the  public, 
as  provided  by  the  existing  laws  of  this  State,  to  enter  thereon 
and  remove,  under  the  provisions  and  restrictions  of  the  laws 
now  in  force  or  which  may  hereafter  be  enacted,  oysters  and 
other  shell  fish  therefrom. 

Section  35.  In  all  cases  where  clerical  errors  have  been 
made  in  deeds  for  any  state  lands  heretofore  or  which  may 
hereafter  be  sold,  the  State  Land  Board  is  authorized,  upon 
the  production  of  satisfactory  proof  of  such  errors,  where  the 
rights  of  innocent  parties  have  not  intervened,  to  execute 
corrected  deeds  to  the  holders  thereof,  keeping  a  record  of  the 
same ;  and  where  lands,  other  than  tide  or  overflowed  and  un¬ 
surveyed  or  unpatented  swamp  lands,  have  been  sold  and  the 
State  cannot  convey  title  to  the  purchaser,  the  State  Land 
Board  shall  repay  to  the  purchaser,  his  heirs  or  assigns, 
all  sums  which  may  have  been  paid  to  the  board  on  account 
of  the  purchase  price  of  said  lands,  including  the  interest  paid 
upon  deferred  payments,  upon  the  presentation  of  a  proper 
application  for  repayment,  the  production  of  satisfactory  proof 
of  the  facts  and  the  surrender  of  the  certificate,  and  the  assign¬ 
ment,  if  held  by  assignment,  or  if  deed  has  been  issued, 
upon  reconveyance  by  duly  executed  and  recorded  quit-claim 
deed  of  whatever  title  or  color  of  title  was  received  from  the 
State.  Where  a  certificate  of  sale  has  been  issued  by  the 
State  Land  Board  upon  a  false,  forged,  or  fraudulent  applica¬ 
tion  and  said  certificate  is  held  by  assignment  by  a  third  party, 
who  had  no  knowledge  of  the  fraud  at  the  time  of  such  assign¬ 
ment,  the  State  Land  Board  may,  in  its  discretion,  refund  to 
the  holder  of  such  assigned  certificate  such  sums  as  were  naid 
the  State  Land  Board  on  account  of  the  purchase  price  of  the 
lands  covered  by  said  certificate,  including  the  interest  paid 


[14] 


upon  deferred  payments,  upon  his  making  proper  application 
to  the  board  for  repayment  and  surrendering  for  cancellation 
the  said  certificate  and  assignment. 

Section  36.  The  irreducible  school  fund  of  this  State  shall 
be  composed  of  the  proceeds  of  the  sales  of  the  sixteenth  and 
thirty-sixth  section  of  every  township  of  this  State,  or  of  any 
lands  selected  in  lieu  thereof;  all  the  moneys  and  clear  pro¬ 
ceeds  of  all  property  which  may  accrue  to  the  State  by  escheat 
or  forfeiture ;  all  moneys  which  may  be  paid  as  exemption  from 
military  duty;  the  proceeds  of  all  gifts,  devises  and  bequests 
made  by  any  person  to  the  State  for  common  school  purposes ; 
the  proceeds  of  all  property  granted  to  the  State  when  the 
purpose  of  such  grant  shall  not  be  stated ;  all  proceeds  of  the 
sale  of  tide  and  overflow  lands,  and  all  the  proceeds  of  the  sale 
of  the  five  hundred  thousand  acres  of  land  to  which  this  State 
is  entitled  by  an  act  of  Congress  approved  September  4,  1841, 
and  all  lands  selected  for  capitol  building  purposes  under  act 
of  Congress  approved  February  14,  1859;  and  all  the  proceeds 
as  aforesaid  shall  be  set  apart  as  a  separate  and  irreducible 
fund,  to  be  called  the  “Irreducible  School  Fund,”  the  interest 
of  which  shall  be  exclusively  applied  to  the  support  and  main¬ 
tenance  of  common  schools  in  each  school  district  in  this 
State ;  provided ,  however ,  that  all  lawful  claims  for  repayment 
of  moneys  out  of  escheated  estates  and  for  attorneys’  fees  and 
all  other  expenses  in  any  suit  or  proceeding  relating  to  es¬ 
cheated  estates  shall  be  audited  by  the  State  Land  Board  and 
paid  from  said  fund  principal. 

Section  37.  All  moneys  belonging  to  the  irreducible  school 
fund,  university  fund,  or  agricultural  college  fund,  shall  be 
loaned  by  the  State  Land  Board  at  six  per  cent  per  annum, 
interest  payable  semi-annually  on  the  first  day  of  January 
and  the  first  day  of  July  of  each  year;  provided ,  however ,  that 
if  at  any  time  there  be  a  surplus  of  either  of  these  funds  over 
and  above  all  loans  applied  for,  the  State  Land  Board  may,  in 
its  discretion,  invest  such  portion  of  said  surplus,  as  in  their 
judgment  they  may  deem  proper,  in  bonds  issued  by  school 
districts  in  the  State  of  Oregon,  the  legality  of  such  bonds 
to  be  approved  by  the  Attorney-General. 

Section  38.  The  principal  and  interest  of  all  loans  shall  be 
paid  in  gold  coin  of  the  United  States  or  its  equivalent;  and 
such  loans  shall  be  secured  by  note  and  mortgage  to  the  State 
Land  Board  on  real  estate  in  this  State  of  not  less  than  thrice 
the  value  of  the  amount  loaned,  exclusive  of  perishable  im¬ 
provements,  of  unexceptionable  title,  and  free  from  all  incum¬ 
brances,  or  by  a  deposit  of  United  States  bond  or  bonds  or 
treasury  warrants  of  this  State  of  a  face  value  of  not  less  than 
twenty-five  per  cent  in  excess  of  such  loans.  All  the  loans 


[15] 


herein  provided  for  shall  be  made  for  the  period  of  one  year ; 
provided,  that  in  case  the  interest  is  promptly  paid  and  the 
security  remains  unimpaired,  the  board  may,  in  its  discretion, 
permit  the  loan  to  stand  for  a  period  of  not  longer  than  ten 
years.  Upon  the  payment  of  any  loan,  or  of  any  bond,  the 
principal  shall  again  be  loaned  or  invested  in  like  manner  as 
in  this  section  provided. 

Section  39.  The  State  Land  Board  shall  adopt  such  meth¬ 
ods,  rules  and  regulations  for  ascertaining  the  value  of  and 
state  of  the  title  of  any  lands  proposed  as  security  for  any 
loan  under  the  provisions  of  this  act  as  shall  be  satisfactory 
to  the  board;  provided,  that  all  expenses  of  ascertaining  the 
same  shall  be  at  the  expense  of  the  applicant,  and  in  no  case 
a  charge  upon  the  State  or  the  fund  from  which  such  proposed 
loan  is  to  be  made. 

Section  40.  All  notes  for  loans  from  any  of  the  funds  men¬ 
tioned  in  this  act  shall  specify  the  fund  from  which  such  loan 
was  made. 

Section  41.  The  State  Land  Board  shall  take  all  proper 
measures  for  the  prompt  collection  of  the  interest  on  all  loans 
from  any  of  the  funds  specified  in  this  act  as  fast  as  the  same 
becomes  due,  and  place  the  same  to  the  credit  of  the  fund 
from  which  the  loan  was  made,  to  be  paid  out  as  provided  by  / 
law,  the  interest  on  the  university  fund  to  the  support  of  the 
University  of  Oregon,  and  the  interest  on  the  college  fund  to 
the  support  of  the  Agricultural  College,  and  to  be  paid  to  the 
board  of  regents  semi-annually. 

Section  42.  At  the  time  of  offering  for  sale  any  bonds 
issued  by  any  school  district  in  Oregon,  notice  of  such  issue 
and  the  amount  thereof  shall  be  given  to  the  State  Land  Board 
by  the  school  district  officers  in  charge  of  such  issue,  and  the 
State  Land  Board  shall  have  the  preferential  right  to  pur¬ 
chase  and  pay  for  all  or  any  number  of  said  bonds  out  of  the 
irreducible  school  fund,  university  fund,  or  agricultural  college 
fund,  or  other  funds  in  its  hands  or  under  its  control,  at  their 
par  value,  provided  said  bonds  cannot  be  sold  by  such  school 
district  for  more  than  their  par  value.  After  receiving 
such  notice  the  said  State  Land  Board  shall  determine 
whether  or  not  to  purchase  such  bonds,  or  any  number 
of  them,  and  said  State  Land  Board  shall  immediately 
thereafter  give  notice  to  the  proper  school  district  officers  of 
its  decision,  which  decision  shall  be  binding  upon  the  officers 
charged  with  the  issuance  and  execution  of  such  bonds.  If 
the  State  Land  Board  determine  not  to  make  such  purchase, 
or  to  purchase  only  a  part  of  such  issue,  then  the  officials  in 
charge  of  the  execution  of  such  bonds  shall  proceed  to  adver¬ 
tise  and  sell  such  bonds  as  the  State  Land  Board  elects  not  to 
take,  in  the  manner  now  provided  by  law. 


[16] 


Section  43.  There  shall  be  presented  to  said  State  Land 
Board,  at  the  time  of  the  giving  of  the  notice  of  such  issue  of 
bonds,  full  and  complete  proof  of  the  proceedings  and  actions 
taken  in  reference  to  the  issue  of  said  bonds,  with  the  opinion 
of  the  district  attorney,  or  local  attorney  for  the  State  Land 
Board,  showing  the  regularity  and  legality  thereof,  together 
with  a  certificate  showing  the  amount  of  the  taxable  property 
and  the  amount  of  the  indebtedness  against  such  school  district, 
and  any  other  information  required  by  the  State  Land  Board. 

Section  44.  Any  purchase  by  said  State  Land  Board  may 
be  made  payable  in  any  number  of  years,  not  less  than  one,  and 
due  in  any  number  of  years,  not  to  exceed  twenty,  and  any 
such  bonds  purchased  by  said  State  Land  Board  may  be  writ¬ 
ten  or  printed  with  or  without  coupons,  and  the  denominations 
may  be  in  any  amount,  not  exceeding  $10,000,  as  may  be  agreed 
upon  by  the  parties  and  the  interest  shall  not  be  less  than  five 
per  cent  per  annum. 

Section  45.  When  any  such  bond  or  bonds  are  duly  executed 
and  delivered  to  the  State  Land  Board,  the  State  Land  Board 
shall  cause  the  same  to  be  paid  for,  specifying  the  fund  out 
of  which  the  same  is  payable,  in  favor  of  the  school  district  is¬ 
suing  such  bonds,  and  the  body  receiving  the  same  shall  place 
the  same  to  the  credit  of  the  fund  for  which  the  same  was 
borrowed. 

Section  46.  All  bonds  purchased  under  the  provisions  of 
this  act  shall  be  subject  to  the  sale  and  disposition  at  any  time, 
under  the  order  and  direction  of  said  board,  when  the  said  board 
shall  deem  it  advisable  to  make  such  sale  and  disposition 
thereof;  and  the  proceeds  of  such  sale  shall  be  divided  and 
paid  into  the  fund  from  which  the  investment  was  made,  the 
principal  to  the  permanent  fund  and  the  interest  and  other 
profits  to  the  interest  fund,  and  the  principal  may  be  reinvested 
in  such  bonds  as  may  be  deemed  prudent  by  said  land  board. 
Every  sale  or  disposition  of  bonds  authorized  in  this  section 
shall  be  reported,  with  the  reasons  therefor,  to  the  legislature, 
in  the  biennial  report  of  the  State  Land  Board. 

Section  47.  It  shall  be  mandatory  upon  all  officers  in 
charge  of  school  districts  for  bond  sales  to  first  offer  the  pro¬ 
posed  issue  of  bonds  to  the  State  Land  Board  for  the  invest¬ 
ment  of  the  irreducible  school,  university,  or  agricultural 
college,  or  other  fund  in  their  charge,  and  any  willful  failure 
to  comply  herewith  shall  be  deemed  a  misdemeanor,  punish¬ 
able  by  a  fine  of  not  less  than  $10  nor  more  than  $100,  and  the 
district  attorney  of  the  judicial  district  for  the  proper  county 
must  prosecute  such  offending  officers  upon  the  request  of  the 
State  Land  Board. 

Section  48.  The  State  Land  Board  shall  on  the  first  day  of 


[17] 


August  of  each  year,  and  oftener  if  deemed  advisable,  divide 
the  interest  on  hand  arising  from  the  irreducible  school  fund 
among  the  several  counties  of  this  State  in  proportion  to  the 
number  of  children  resident  therein  between  the  ages  of  four 
and  twenty.  The  amount  apportioned  to  each  county  shall 
be  placed  in  the  custody  of  the  county  treasurer,  who  shall 
report  the  same  to  the  county  superintendent  of  common 
schools  for  distribution  among  the  several  school  districts  of 
his  county. 

Section  49.  It  shall  be  the  duty  of  the  State  Land  Board  to 
foreclose  all  mortgages  taken  to  secure  loans  from  the  school 
or  other  funds  whenever  more  than  one  year’s  interest  on  the 
loan  is  due  and  unpaid,  and  all  mortgages  which  are  not 
adequate  security  for  the  money  loaned,  and  they  may,  in  their 
discretion,  bid  in  the  land  in  the  name  of  the  State  at  a  price 
not  to  exceed  the  total  amount  of  the  State’s  claim,  or  they 
may  accept  a  deed  or  a  release  of  the  equity  of  redemption  and 
all  such  purchases  heretofore  made  are  hereby  ratified  and 
confirmed. 

Section  50.  The  clerk  of  the  State  Land  Board  shall  keep 
a  correct  record  of  all  such  purchases  with  a  description  of  the 
lands  so  purchased  or  acquired,  and  a  statement  of  the  fund  to 
which  they  belong,  and  such  lands  shall  be  placed  in  the  hands 
of  the  State  Land  Agent  and  sold  or  leased  under  the  direction 
of  the  Board  on  the  best  terms  obtainable,  and  the  proceeds,  to 
the  amount  of  the  principal  of  the  loans,  shall  be  paid  into  a 
fund  from  which  the  loans  were  made,  and  the  excess,  if  any, 
to  the  interest  account  of  said  fund.  All  sales  of  lands  acquired 
under  foreclosure  proceedings,  heretofore  made  by  said  board 
are  hereby  ratified  and  confirmed,  and  whenever  the  full  pur¬ 
chase  price  thereof  shall  have  been  paid,  title  in  fee  simple 
shall  vest  in  the  purchasers,  their  successors  or  assigns. 

Section  51.  Chapter  2  and  chapter  3  of  title  XXXII  of 
Bellinger  and  Cotton’s  Annotated  Codes  and  Statutes  of  Ore¬ 
gon  and  an  act  entitled  “An  act  providing  for  the  selection  of 
indemnity  school  land,  and  governing  the  sale  of  the  same, 
and  fixing  the  price  thereof,”  approved  February  24,  1903,  and 
an  act  entitled  “An  act  to  amend  section  3298  of  Bellinger  and 
Cotton’s  Annotated  Codes  and  Statutes  of  Oregon,”  approved 
February  18,  1905,  and  an  act  entitled  “An  act  to  authorize  and 
provide  for  the  investment  of  the  surplus  of  the  irriducible 
school  fund,  university  fund,  or  agricultural  college  fund,  held 
by  the  State  Land  Board,  and  to  authorize  the  said  land  board 
to  make  such  investments,”  approved  February  12,  1903,  are 
hereby  repealed. 

Filed  in  the  office  of  the  Secretary  of  State,  February  23, 
1907. 


LAWS  RELATING  TO  STATE  LANDS. 


From  Bellinger  and  Cotton’s  Annotated  Codes  and 
Statutes  of  Oregon. 


CHAPTER  IV. 

OF  THE  CONFIRMATION  OF  LAND  TITLES,  AND  OF  DEFAULTS 
ON  PURCHASE  PRICE  NOTES. 


§  3331.  Confirmation  of  Tide  Land  Titles. 

The  titles  to  all  tide  lands  within  this  State,  and  all  tide  flats 
not  adjacent  to  the  shore  in  the  waters  of  the  State,  which  have 
been  heretofore  sold  to  purchasers  by  the  State  of  Oregon,  — 
where  the  purchaser  has,  in  good  faith,  actually  paid  to  the 
State  the  purchase  price,  and  the  same  has  been  received  by  the 
State,  and  the  purchaser  has  not  purchased  from  the  State  to 
exceed  three  hundred  and  twenty  acres  of  that  character  or 
class  of  land,  —are  hereby  confirmed  to  such  and  all  such  pur¬ 
chasers  and  grantees  of  the  State,  without  reference  to  the 
amount  of  any  other  character  of  lands  purchased  by  such  pur¬ 
chaser  theretofore  from  the  State.  [L.  1899,  p.  57,  §  1.] 

The  title  to  land  of  a  person  not  entitled  to  purchase  state  lands,  who  has  obtained  a 
deed  thereto  by  making  false  affidavit  as  to  his  qualifications,  is  not  confirmed  by  this 
section,  as  the  statute  was  only  for  the  purpose  of  confirming  the  title  of  persons  pur¬ 
chasing  tide  lands  who  had  formerly  purchased  the  legal  limit  of  other  lauds  from  the 
state:  State  v.  Carlson,  40 - ,  67  Pac.  516. 

§  3332.  Confirmation  of  Titles  to  State,  School,  and  University  Lands. 

All  deeds  to  state,  school,  and  university  lands,  the  purchase 
price  of  which  has  been  paid  to  the  board  of  commissioners  for 
the  sale  of  school  and  university  lands  and  for  the  investment 
of  the  fund  arising  therefrom,  are  hereby  confirmed  to  the 
grantees  of  the  state,  or  to  their  lawful  heirs  or  assigns,  to¬ 
gether  with  all  right,  title,  or  interest  which  the  state  might  or 
could  have  in  any  of  the  said  lands;  provided ,  that  this  act  shall 
not  apply  to  or  confirm  the  title  to  any  lands  which  were 
procured  by  false  swearing  or  by  fraudulent  representations. 
[L.  1891,  p.  102,  §  1.] 

§  3333.  Notice  to  Delinquents— Lands  Forfeited,  When. 

The  said  board  of  commissioners  is  hereby  authorized  and 
directed  to  forthwith  notify  all  purchasers  of  lands  who  have 


[20] 


not  paid  the  interest  due  on  their  notes  given  for  the  purchase 
price  of  such  lands,  in  accordance  with  law,  to  pay  such  delin¬ 
quent  interest  within  six  months  from  the  date  of  the  passage 
of  this  act.  If  any  such  purchaser  shall  fail  to  pay  any  such 
arrears  of  interest  within  the  time  required  by  this  act,  the  land 
described  in  his  certificate  of  sale  shall  be  considered  forfeited, 
and  shall  be  subject  to  sale  to  any  lawful  applicant  therefor; 
provided ,  however ,  that  if  such  arrears  of  interest  be  paid 
within  six  months  from  the  date  of  the  approval  of  this  act,  or 
if  after  the  expiration  of  such  period,  and  prior  to  any  appli¬ 
cation  for  such  land,  the  original  purchaser  shall  tender  to  the 
board  the  full  amount  of  interest  due,  together  with  the  prin¬ 
cipal  of  his  unpaid  notes,  he  shall  be  entitled  to  receive  a  deed 
for  such  land.  [L.  1891,  p.  102,  §  2.] 

$  3334.  Confirmation  of  Title  to  Swamp  Lands. 

All  the  rights  and  title  of  the  State  of  Oregon  to  the  swamp 
and  overflowed  lands  of  this  State,  and  claimed  by  persons  who 
have  completed  settlement  thereon,  or  who  may  hereafter  com¬ 
plete  settlement  under  the  provisions  of  the  pre-emption  or 
homestead  laws  of  the  United  States,  and  shall  have  obtained 
a  patent  or  certificate  of*  final  proof  therefor,  be  and  is  hereby 
granted  and  confirmed  unto  such  claimant,  his  heirs  or  assigns, 
respectively.  [L.  1885,  p.  131,  §  1;  H.  C.  §  3613;  L.  1889,  p. 
100,  §  1.] 

\  3335.  Quitclaim  Deed  to  Issue  in  What  Cases. 

Upon  application  of  any  such  claimant  to  the  State  Board  of 
Land  Commissioners,  with  proof  of  claim  evidenced  by  United 
States  patent  or  final  certificate  of  proof  of  settlement  and  pay¬ 
ment,  issued  from  the  United  States  land  office,  said  board 
shall  execute  and  deliver  to  such  claimant,  without  charge,  a 
quitclaim  deed  of  the  State’s  right  and  title  to  the  lands  so 
claimed.  [L.  1885,  p.  131,  §  2;  H.  C.  §  3614;  L.  1889,  p.  100, 
§2.] 


CHAPTER  V. 

OF  RIGHTS  OF  WAY  OVER  STATE  LANDS. 

$  3336.  Right  of  Way  for  Railroads. 

There  is  hereby  granted  to  any  and  all  railways  hereafter  to 
be  built  within  the  boundaries  of  the  State,  to  the  companies  or 
corporations  constructing  the  same,  to  their  successors  and  as¬ 
signs,  a  right  of  way  through  any  and  all  unimproved  lands 
belonging  to  the  State  of  Oregon,  of  the  width  of  one  hundred 
feet,  being  fifty  feet  in  width  on  each  side  of  the  center  line  of 


[21] 


said  road  or  roads  when  located  and  staked  out,  through  or  over 
any  lands  of  the  State,  and  also  all  the  necessary  grounds  for 
stations,  depots,  shops,  sidetracks,  turntables  and  water  stations, 
not  exceeding  ten  acres  in  any  one  place,  upon  payment  to  the 
State  of  such  sum  therefor  as  is  or  shall  be  fixed  by  the  State 
Land  Board  in  the  sale  of  similarly  situated  lands,  and  also  the 
right  to  take  from  the  lands  of  this  State  adjacent  to  the  lines 
of  said  routes  of  the  said  road,  timber,  earth,  stone,  water  and 
other  material  necessary  for  the  construction  of  said  roads;  also 
the  right  to  construct  and  maintain  railroad  bridges  over  any 
and  all  streams,  rivers,  bays,  inlets  or  other  navigable  waters 
in  this  State;  provided,  that  all  such  bridges  crossing  navigable 
waters  shall  be  subject  to  such  regulations,  restrictions  and 
compensation  as  may  be  fixed  by  the  State  Land  Board;  pro¬ 
vided,  further,  that  said  bridges  shall  be  so  constructed  as  not 
to  unnecessarily  interfere  with  the  navigation  of  any  such 
streams,  rivers,  bays,  inlets  or  other  navigable  waters.  [L.  1907, 
P.  415,  §  1.] 

g  3337.  Maps  of  Location  and  Depot  Sites  to  be^Filed. 

Whenever  said  company  or  companies,  their  successors  or 
assigns,  shall  file  with  the  Board  of  School  Land  Commissioners 
a  map  or  maps  of  the  definite  location  of  its  or  their  lines  of 
road  through  any  lands  of  this  State,  it  shall  be  the  duty  of  said 
board  to  cause  the  said  located  line  to  be  traced  upon  the  maps 
of  the  State  in  use  by  the  said  board,  and  thereafter  in  all  con¬ 
veyances  of  lands  to  except  from  sale  said  right  of  way  and 
lands  for  depot  stations  and  other  purposes  as  are  herein  named; 
and  whenever  said  company  or  companies  shall  have  selected  a 
tract  or  tracts  of  lands  belonging  to  said  State  for  stations, 
depots,  or  other  purposes  herein  mentioned,  and  shall  file  with 
the  board  a  map  of  the  same,  with  description  of  the  same  con¬ 
nected  with  the  public  surveys  of  the  United  States,  said  tract 
or  tracts  of  State  lands  shall  also  be  designated  upon  the  said 
maps  in  use  by  the  said  board,  and  it  shall  be  the  duty  of  the 
board  thereupon  to  execute  and  deliver  to  said  company,  its 
successors  or  assigns,  deeds  for  said  tracts  of  land  so  selected, 
upon  payment  therefor  at  the  rate  of  one  dollar  per  acre  and 
upon  the  completion  of  the  construction  of  a  railroad  through 
said  lands.  [L.  1891,  p.  180,  §  2.] 

g  3338.  Rights  of  Way  for  Water  Ditches  and  Pipes. 

A  right  of  way  for  the  construction  of  a  water  ditch  to  be 
used  for  irrigation,  manufacturing,  or  mining  purposes,  ditches 
or  water  pipes  for  conveying  water  to  cities  and  towns  for 
domestic  purposes,  or  for  the  extinguishment  of  fires,  is  hereby 
granted  to  any  individuals  or  corporations  who  may  construct 


[22] 


such  water  ditches  or  water  pipes  over  any  of  the  State  lands 
belonging  to  the  State  of  Oregon,— tide,  swamp,  and  overflowed 
lands,  and  school  lands,  —for  a  distance  on  each  side  of  said 
ditches  or  water  pipes  of  twenty-five  feet.  [L.  1885,  p.  73,  §  2; 
H.  C.  §  4058.] 

\  3339.  Copy  of  Notes  of  Survey  of  Ditches,  etc.,  to  be  Filed. 

It  shall  be  the  duty  of  said  water  company  or  individuals  con¬ 
structing  said  water  ditehes  or  water  pipes  to  file  a  copy  of  the 
field  notes  of  the  survey  of  such  ditches  or  water  pipes  with  the 
Secretary  of  State  of  the  State  of  Oregon,  showing  the  location 
of  said  water  ditch  or  water  pipe.  [L.  1895,  p.  73,  §  3;  H.  C. 
§  4059.] 

\  3340.  State  Patents  Subject  to  Vested  Water  Ditch  and  Pipe  Line 
Rights. 

All  patents  hereafter  granted  by  the  State  of  Oregon  for  any 
of  the  class  of  lands  heretofore  mentioned  shall  be  made  sub¬ 
ject  to  any  vested  rights  of  the  owners  of  such  water  ditches  or 
water  pipes  as  may  have  been  acquired  under  the  preceding 
sections.  [L.  1885,  p.  73,  §  4;  H.  C.  §  4060.] 

The  reservation  of  vested  rights  of  the  owners  of  ditches  here  provided  is  not  a  grant 
of  a  new  easement,  but  the  recognition  of  a  pre-existing  right:  Carson  v.  Gentner,  33  Or. 
523,  52  Pac.  506,  43  L.  R..A.  130. 

The  act  of  1885  provided  for  rights  of  way  for  railroads,  as  well  as  for  water  ditches 
and  pipe  lines,  over  State  lands.  The  act  of  1891,  (ante,  3336, 3337)  repeals  by  implication 
section  1  of  the  former  act  (§  4057,  H.  C.),  and  supersedes  so  much  of  sections  3  and  4 
(gg  4059  and  4060,  H.  C.),  as  relates  to  railroads.  The  words  “railroad”  and  “railroads,” 
occurring  in  sections  3  and  4,  and  all  of  section  1  of  the  act  of  1885,  are  therefore  omitted. 


INDEX. 

LANDS,  PUBLIC-  PAGE. 

Act  governing  acquisition  and  control  of  by  State _  3 

Agricultural  College  to  receive  interest  semi-annually. _  15 

Attorney-General  to  pass  upon  legality  of  district  school  bonds -  14 

Board  of  Commissioners,  who  compose;  called  State  Land  Board -  4 

Certificates  of  sale,  assignments  of,  how  made  and  effect  of _  8 

Duplicates  to  be  preserved  in  bound  volume - „ - - -  8 

Shall  be  cancelled  if  default  made  in  payment  thereon _  8 

Classification  of  State  lands - 4 

Clerk  of  State  Land  Board;  appointment,  duties,  bond,  salary,  etc _  5 

Shall  have  power  to  take  acknowledgments  and  administer  oaths _  5 

Shall  keep  a  record  of  lands  bought  at  foreclosure  sales _  17 

To  pay  all  moneys  to  State  Treasurer - - -  5 

To  place  lands  purchased  at  foreclosure  sale  in  hands  of  State  Land  Agent  17 

College  lands  defined _  4 

Terms  of  payment  by  purchaser _  7 

Confirmation  of  tide  land  titles _ . _ _ _ 1 _  19 

Of  titles  to  school  and  university  lands _ > _ _  19 

To  swamp  lands _ 1 _  20 

Deeds,  acknowledgment  not  required _  9 

Copies  to  be  bound  and  indexed _  9 

Copies  shall  be  primary  evidence  of  title _  9 

Errors  in,  how  corrected _ _ _  13 

Form  of _  8 

Issued  when  full  payment  is  made _ _  8 

Delinquent  purchaser,  notice  to,  and  forfeiture  of  land  when _  19 

District  school  bonds,  purchase  and  disposal  of _ _ _  16 

Farm  lands  defined _ 4 

Forfeiture  for  nonpayment  of  interest _ _ _ ; _ _ _ _  19 

Forged  or  fraudulent  certificate  in  hands  of  innocent  third  party;  money  paid 

may  be  refunded _ _ _ _ _ _ _ il: _ f _  13 

Governor  is  Land  Commissioner;  powers  and  expenses  of _  3 

Is  member  of  State  Land  Board _ ... _  4 

Shall  appoint  a  State  Land  Agent;  salary  and  clerical  assistance _  4 

Indemnity  lands  defined _ . _  4 

How  applicants  may  procure;  rules  governing... _ _  10 

Terms  of  payment  by  purchaser _  7 

The  price  of,  fixed  by  State  Land  Board,  not  less  than  $5  per  acre.. _  10 

The  State  Land  Agent  to  select _ , _  10 

Irreducible  school  fund,  of  what  composed,  management  of,  etc _  14 

What  claims  paid  from _ _ _  14 

Legal  applicant  may  purchase  320  acres _  10 

Mineral  claims,  how  located _  11 

Mining  leases  and  contracts,  State  Land  Board  may  make _  11 

Rights  of  lessee  under  lease  or  contract _  11 

Mortgages  to  school  fund,  when  foreclosed _ _ _  17 

Purchaser,  who  may  be;  application  and  affidavit _ t _  5 

Delinquent,  notice  to,  and  land  forfeited  when _ _ _  19 

To  be  repaid  when  State  cannot  convey  title _  13 


[24] 


Punishment  for  cutting,  destroying,  or  removing  timber,  minerals  or  clay  page 

from  state  lands _ : _  11 

Railroad,  right  of  way  for _  20 

Right-of-way  over  for  railroads,  and  provision  as  to _  20 

For  water  ditches  and  pipes _ : _ _ _  21 

State  patents  subject  to  vested  rights  of _ _ _  22 

School  districts  shall  give  preferential  right  of  purchase  of  school  bonds  to 

State  Land  Board _ _ _  15 

Officers  of  districts  punished  for  failure  to  comply  with  law— . _ ' 16 

School  lands  defined _ _ _  4 

Confirmation  of  title _ i _  19 

Terms  of  payment  of  purchaser _ . _  7 

Secretary  of  State  is  member  of  State  Land  Board _ _ _ _ _  4 

State  Land  Agent  appointed  by  Governor;  salary  and  clerical  assistance _  3 

To  have  sale  and  lease  of  lands  purchased  by  State  under  foreclosure  sale 

under  direction  of  State  Land  Board _ ... _  17 

To  investigate  trespass  and  damage  on  public  lands.: _ _  12 

State  Land  Board,  who  compose _ _ _  4 

Expenses  of,  paid  from  interest  fund _ * _ k _  5 

Has  power  to  issue  subpoenas  and  compel  witnesses.- _  12 

Has  power  to  refund  to  innocent  holder  of  forged  or  fraudulent  certificate  13 

Shall  divide  school  fund  interest _  16 

Shall  repay  purchaser  when  State  cannot  convey  title _ — _ _  13 

Shall  take  measures  for  prompt  collection  of  interest _  15 

To  be  notified  of  sale  of  bonds  by  school  districts  and  shall  have  prefer¬ 
ential  right  to  purchase  same _ _ _  16 

To  foreclose  mortgages,  when _ 4 _  17 

State  Treasurer  is  a  member  of  State  Land  Board _  4 

Moneys  collected  by  State  Land  Agent  and  Clerk  of  Land  Board  to  be 

paid  to _ _ _ ! _  5 

Swamp  lands  defined _ , _  4 

Confirmation  of  title _ 2 -  20 

Pre-emptioner  and  homesteader,  quitclaim  deed  by  State  to  issue  to,  in 

what  cases _ ■ -  20 

Terms  of  payment  by  purchaser - - - - -  7 

Title  of  bona  fide  settler  under  United  States  Laws  shall  not  be  questioned 

by  the  State _ _ _ _ _  13 

Unsurveyed  shall  not  be  sold _ _ _ ^ _  13 

Tide  and  overflow  lands  defined _ _ _ , _  4 

Applicants  to  purchase  must  pay  in  full -  7 

Confirmation  of  title  to _ : _ _ : _ : _  19 

Grantee’s  title  to  its  subject  to  the  easement  of  the  public  for  oyster  beds  13 

No  accretions  to  islands  heretofore  sold,  shall  be  sold  for  ten  yqars___ _  9 

Owners  of  abutting  lands  given  preference  right  to  lease  or  purchase _  9 

Shall  be  sold  or  leased  to  highest  bidder  after  notice  but  not  less  than  $5 

per  acre - - - - -  9 

Title  thereto  shall  be  subject  to  legislative  regulation  of  building  wharves 

and  other  improvements _ _ n _  13 

Timber  cutting,  destroying  or  removing,  punished _ _ _ , _  11 

University  lands  defined _ 2 - - - * -  4 

Confirmation  of  title  to _ . _ _  19 

Terms  of  payment  by  purchaser _ _  7 

University  of  Oregon  to  receive  interest  semi-annually _  15 

Witness  compelled  to  obey  subpoena  of  State  Land  Board _  12 


